Cannabis in Nevada

Nevada is known as a state that has a more relaxed attitude towards recreational activities. It is famous as the only U.S. state that has legalized prostitution, and it has become the 5th state in the nation that made recreational cannabis legal.

Most Nevada cities offer non-stop entertainment and attract thousands of tourists from around the world. If you don’t want to misuse the local cannabis laws, read this guide before visiting the state.

Is Weed Legal in Nevada?

With 65% of the vote, the Medical Marijuana Act was approved in 2000. Medical marijuana use was officially legalized when the corresponding bill took effect in 2001. In 2016, Nevada voters approved a recreational marijuana law. Adult possession and consumption of cannabis became legal in 2017. Recreational consumers 21 and older are now allowed to carry and purchase 1 oz. (28 grams) of usable marijuana and marijuana-infused products or 1/8 oz. (3.5 grams) of concentrate.

Buying Marijuana in Nevada?

Registered patients can purchase cannabis in medical dispensary near their home or work place. After recreational marijuana legalization, most dispensaries have become dual-licensed and can serve customers with medical marijuana (MMJ) cards and legal adults. Out-of-state patients with valid MMJ cards can buy cannabis in Nevada as well.

The number of dispensaries to open in each county is regulated by the government in accordance with the county’s size and population. More cannabis provision centers are located in highly populated state cities.

The store hours are approved by local city jurisdiction and are allowed to change. The shops cannot operate outside of the assigned time frame. In Las Vegas, dispensaries operate from 6 a.m. till 10 p.m.

The cannabis purchase cap is similar to the possession maximum – 1 oz. as a one-time purchase for adult users. The possession and purchase limit for approved patients 18 and older is different – 2.5 oz. of cannabis for a 2-week period.

Nevada allows cannabis delivery services but with certain restrictions:

• cannabis cannot be delivered to business establishments (like casinos);
• only 1 oz. of cannabis or less can be delivered to a customer;
• the delivery driver can keep only 5 oz. of marijuana in the delivery car;
• no third-party companies can be involved in the delivery process (like those that check the validity of the sales).

During the pandemic, the state granted temporary permission for recreational cannabis delivery. It is unknown if these regulations continue after the emergency measures.

The assortment of marijuana products in Nevada is great: edibles, topicals, flowers, concentrates, etc. If you want to buy multiple products, the calculation is made based on the total weight of THC in all goods.

All purchases throughout the state are tracked in real time and prevent customers from buying more products over the limit if they shop at different stores.

Cannabis Consumption in Nevada

Despite the fact that cannabis has become legal in the state, it cannot be consumed anywhere you want. The list of off-limit places is longer than the list of areas where you can legally ingest and smoke cannabis.

So, marijuana use is prohibited:

• in public places (parks, concerts, sidewalks, sports events, hotels, festivals, casinos, etc.);
• in moving cars or on a parking lot;
• in places where tobacco smoking is banned;
• on federal lands and federal property (as marijuana is outlawed on a federal level, even marijuana possession here is illegal).

The users who violate these rules are subject to huge fines with possible jail time.

Here are the places where marijuana can be smoked:

• within the privacy of your home away from the public or within any other private house on the owner’s permission;
• on the porch/in the backyard;
• in some “smoker-friendly” hotels that allow on-site marijuana use, but this information should be checked prior to your accommodation;
• in social lounges that permit cannabis consumption (unfortunately, they are rare in Nevada).

The cannabis law forbids individuals of certain professions that involve public safety from using marijuana (for example, medical emergency personnel and firefighters).

Taxes on Marijuana in Nevada

Adults who don’t participate in the state marijuana program are subject to a 3-part tax rule when they buy cannabis:

• a 4.6% standard state sales tax,
• a county sales tax, which can vary (3.65% for Las Vegas, Clark County);
• an additional 10% excise tax on retail sales, which is added to the final price.

As you see, a recreational user in Las Vegas pays an 18.25% tax.

In addition, there is also an excise tax on wholesale sales (15%), which is imposed on cultivators.

Medical cannabis comes with tax benefits, and approved patients don’t pay the final 10% tax.

Nevada Medical Marijuana Card

Nevada honors reciprocity and permits out-of-state registered patients to purchase cannabis in the state using their medical cards. Medical non-residents should abide by the local regulations and are allowed to carry and buy marijuana in accordance with the state’s limitations regardless of how much cannabis they are allowed in their home states. When you shop in Nevada dispensaries, provide your valid MMJ card and an ID card.

How to Get a Medical Marijuana Card in Nevada

The medical program in Nevada is evolving, so getting an MMJ card has become a simple procedure. Learn about the conditions required by the state to become a registered patient. If you meet all these requirements, you can obtain an MMJ card.

Diseases

Patients having one of the qualifying diseases mentioned in the list can be approved as individuals which require cannabis therapy:

• dependence/addiction to opioids;
• HIV/AIDS;
• anorexia;
• cancer;
• anxiety disorders;
• autism;
• glaucoma;
• wasting syndrome;
• muscle spasms;
• neuropathic conditions;
• seizures;
• chronic pain;
• nausea;
• post-traumatic stress disorder.

Other diseases and conditions can be added to the list and are subject to approval.

Patient qualifications

Any Nevada resident of 18 can be qualified as a cannabis patient if he/she is diagnosed with a qualifying condition. Minors can also be registered in the state medical program. In this case, their patients/guardians should sign the Minor Release Form and act as primary caregivers of the child.

Patient registry process

To obtain permission to use medical cannabis in the state, qualified individuals should apply for the medical program. They have to pay a $25 request fee to get an application packet from the Cannabis Compliance Board, Nevada Division of Public and Behavioral Health.

After you receive the packet, submit all requested documents. One of the conditions is to get a licensed physician’s statement which proves that the applicant has a qualifying disease. Send a filled-out application form with your documents (copies of an ID and proof of residency) and a $75 application processing fee to the Division.

It will take the state some time to verify the documents and check your background information (for example, for drug-related criminal history). When the application is approved, you will receive a letter that can be used as a temporary viable permit for 2 weeks. When your photo MMJ card is ready, it will be sent in the mail.

Patients can also apply for a medical card from computers with Internet access. If the application process is performed online, it requires printing and scanning capabilities.

Medical marijuana cards are valid for 1 year and should be annually renewed.

Caregiver qualifications

A primary caregiver can be designated for minors or adult patients to help them with marijuana consumption and purchase. Being a caregiver is a significant responsibility. Only people 18 and older can act as caregivers. Each registered patient can have only 1 designated caregiver and should submit a caregiver application.

Transporting Marijuana in Nevada

If you are transporting cannabis in a motorized vehicle, make sure that it is kept in a sealed box away from the driver and other passengers. If the box is open, the driver will be prosecuted with a fine. If the box is not locked properly and there are minor passengers in the car, it will be treated as a violation of the law with aggravating circumstances.

Operating a car under the influence of cannabis is a crime in all U.S. states. Driving in an impaired state will be charged with:

• a DUI fine ($400-$1,000);
• the state DUI school (at your own expense);
• community service (24-96 hours);
• a driver’s license suspension (90 days);
• incarceration (2 days–6 months).

If you’re planning to smoke cannabis, have a designated driver who can drive you home or use ride-sharing apps.

Exporting Marijuana

Nevada state boundaries are under federal jurisdiction, and crossing the state lines with cannabis is a federal offense because cannabis remains a controlled substance. Don’t try to transfer marijuana even if your next destination is a state with legal marijuana. You may return the remaining cannabis to a local dispensary.

Similar to marijuana export, don’t use the U.S. Postal Service as a cannabis delivery system. Since all mail is subject to search, a suspicious package can be inspected by a post office employee. If it contains marijuana-infused products, the addressee can be arrested for sending illegal drugs through the mail.

Growing Marijuana

Under Nevada marijuana laws, adult residents are permitted to grow cannabis at home if their house is 25 miles away from the nearest operating dispensary. They are allowed to grow 6 flowers. If several adults reside in a house, the cultivation maximum per 1 household is 12 plants.

Medical patients have the right to cultivate 12 plants. Even if there is a licensed marijuana store within 25 miles from their residence, this stipulation can be waived, if:

• a cardholder is not able to travel to the closest dispensary;
• a dispensary cannot deliver cannabis products to a patient;
• a patient lacks transport to travel to a dispensary.

There is a rule that allows growers to continue home cannabis cultivation if a new dispensary opens closer to their houses. Individuals are also allowed to grow cannabis if they cultivate specific strains not provided by the closest dispensary.

Both MMJ patients and non-medical consumers should grow plants in places invisible from a public place (greenhouse, closet, room, etc.) which are equipped with security devices.

Read Also: Guide On Cannabis Growers: Who They Are And How To Become A Cultivator

Licensing for Growers, Manufacturers, Processors, Retailers, Etc.

The Nevada Department of Taxation oversees the marijuana industry in the state. It accepts applications and grants licenses to cannabis businesses.

There are 5 types of marijuana establishment licenses:

• a cultivation facility;
• a distributor;
• a product manufacturing facility;
• a testing facility/laboratory;
• a retail store.

The Cannabis Compliance Board determines the application period. It has the right to open licensing windows when applications are accepted. The applicants can subscribe to notifications and monitor its website to know the exact date. Typically, the Board announces the application period 45 days prior to the opening date.

Sources

http://dpbh.nv.gov/Reg/MM-Patient-Cardholder-Registry/MM-Patient-Cardholder-Registry-Home/

https://ccb.nv.gov/nevada-cannabis-program/

https://www.shouselaw.com/nv/dui/laws/duid/dui-of-marijuana/

https://norml.org/laws/nevada-penalties-2/

https://wikipedia.org/wiki/Cannabis-in-Nevada

https://statelaws.findlaw.com/nevada-law/nevada-marijuana-laws

https://ballotpedia.org/Nevada-Marijuana-Legalization-Question-2-(2016)

https://www.lasvegasnevada.gov/Business/Business-Licenses/Cannabis-Licenses

https://www.lvmpd.com/en-us/Pages/Marijuana-FAQs

https://www.safeaccessnow.org/becoming-a-patient-in-nevada